Can you expunge a felony in Illinois?

You can expunge a felony in Illinois if any of the following are true:

  • There was a finding of no probable cause prior to trial.
  • You were found not guilty after trial.
  • The case was dismissed (SOL, Non-Suit, Nolle Prosequi).
  • You were sentenced to a qualified felony probation such as 710-1410 Probation, Second Chance Probation or TASC Probation and it was terminated satisfactorily by the Judge.

What is the waiting period to file a felony expungement?

The waiting period to file a felony expungement depends on the outcome of your case or cases.

Your petition for expungement can be filed immediately if there was a finding of no probable cause, you were found not guilty after trial or if a dismissal was entered in the form of a nolle prosequi.

If your felony charge was dismissed in the form of an SOL or Non-Suit, it is generally accepted that you must wait 120-160 days after the dismissal to file a petition for expungement.

If you were sentenced to a qualified special probation such as 710-1410 Probation, Second Chance Probation or TASC Probation, you are eligible to file a petition for expungement 5 years after the satisfactory completion of your sentence. The waiting period begins the date that your sentence ended, not the date that you were sentenced by the Judge.

If you were convicted of a felony and did not receive a qualified probation as described above, you may still be eligible to seal your felony record. Sealing your record will keep the information from appearing on your public record and prevent most private employers from obtaining that information. Employers that require fingerprints may still access sealed felony conviction records. The only alternative is to seek a pardon from the Governor, also known as executive clemency, which, if granted, would allow you to seek an expungement.

Contact Our Illinois Felony Expungement Attorneys

Our attorneys have successfully cleared records throughout the Chicago area. Our expungement and sealing lawyers primarily represent clients in Cook County, Lake County and DuPage County. Contact our expungement attorneys today to discuss your case. Other common expungement and sealing questions can be found here. We look forward to hearing from you.

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